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HomeMy WebLinkAbout1992-03-26 Minutes• • • • MINUTES OF A MEETING OF TEE FIRE PENSION BOARD A meeting of the Fayetteville Fire Pension and Relief Fund Board of Trustees was held on Thursday, March 26, 1992, at 11:00 a.m. in Room 362 of City Hall. PRESENT: Firemen Marion Doss, Danny Farrar, and Pete Reagan; Retirees Richard Baird and Darrell Judy; City Manager Scott Linebaugh; Administrative Services Director Ben Mayes; City Attorney Jerry Rose; and City Clerk Sherry Thomas. CALL TO ORDER The meeting was called to order by City Manager Scott Linebaugh. MINUTES Reagan, seconded by Farrar, made a motion to approve the minutes of the February 27, 1992 meeting. The motion was approved by a unanimous vote. PENSION LIST Thomas reported that there were no changes February. Reagan, seconded by Judy, made Pension List. The motion was approved by OLD BUSINESS PENSION HANDBOOK on the Pension List for a motion to approve the a unanimous vote. City Clerk Sherry Thomas stated that she had not researched the requested information regarding pension benefits after 20 years of service, but she would do so and have the information for the next meeting. DISABLED RETIREES City Manager Linebaugh reported that certain issues have been raised with regard to disabled retiree benefits. City Attorney Jerry Rose reported from page 1585 - (c)(1) that the Fayetteville Fire Pension and Relief Fund Board of Trustees has a right, indeed a duty to require a physical examination for any disability retiree, "who has not attained the normal retirement age." Rose stated that "normal retirement age" is used throughout the Police and Fire Pension and Relief Fund Act 24-11-800. There is no definition within that Act of what is considered "normal retirement age." There are two ways under the law for firemen to receive retirement: either LOPFI, the state system, or the millage and pension system. Under the LOPFI system, retirement is tied with age - 20 years of service and be 55 years old, or have less than 20 years of service and be 60 years of age. Under the pension March 26, 1992 system, 20 years of service is required, but there is no age requirement whatsoever. City Attorney Rose stated that he feels comfortable with the position that a "normal retirement age" should refer back to the definition of "normal retirement age" in the LOPFI State Act - 55 years old with 20 years of service. He suggested that when the term "normal retirement age" is used, it is not meant to be 20 years or a service retirement, but a retirement after age 55. Therefore, City Attorney Rose stated that in the case of Roy Skelton, who is below the age of 55 and able to return to work should he desire, he can be required to take an examination to determine whether or not he is still disabled. If he is determined to no longer be disabled, he would have a choice - either choose to be voluntarily retired after 20 years of service or choose to go back to work. Rose stated that this appears to be a logical position - Skelton at age 47 is capable of going back to work if he so desires, or since he has 23 years of service, he could take voluntary retirement. Rose explained that since the law is so ambiguous, Skelton may challenge this position; however, Rose stated that he would feel comfortable defending this position in Court. City Manager Linebaugh stated that since there has been so much controversy with Roy Skelton's situation, the Pension Board members would not be doing their duty if they did not require Skelton to have an examination. Reagan stated since Skelton was retired on a mental disability, he should not be sent back to his family physician, but rather to a specialist. City Manager Linebaugh suggested that Roy Skelton be evaluated by Dr. Allen Tuft, a highly recommended and well known psychiatrist from Rogers. Reagan made a motion to require examinations of disabled retirees Roy Skelton and Arvil King. Reagan reported that Larry Mason suffers from Parkinson's disease, and he feels he should be exempt from a required examination to determine his continued disability. Baird asked for clarification of whether the Board has the option of requiring the examination of their disabled retirees or is it mandatory. Rose responded the way the statute reads, the examination is discretionary with the Board, and they "may" require it if they see fit. • • March 26, 1992 City Manager Linebaugh asked whether the other disabled retirees mentioned are over the age of 55. Reagan responded that they are not. Linebaugh further asked if Reagan's motion required examinations of all concerned disabled retirees by Dr. Tuft. Reagan responded that Arvil King has been under continual care of Dr. Vincent Runnels, a neurosurgeon, and suggested that he be allowed to return to Dr. Runnels for his evaluation. Linebaugh further suggested that they handle Roy Skelton's examination in a separate motion since they will be requiring him to be evaluated by a specialist. He further suggested that the remaining disabled retirees be allowed to return to their current attending physicians. Reagan withdrew his motion. Doss expressed his concern that Linebaugh's suggested method appears to be "playing favoritism", by not handling all disabled retirees the same; further stating that they are already on "shaky ground" in the case of Roy Skelton. City Attorney Rose verified that the Board has the option to make a "special case" out of any of the individual disabled retirees. He further stated that the Board has legitimate reasons for wanting to send Skelton to a specialist in mental care, which his family doctor was not. City Manager Linebaugh stated that the Board has a right under the statutes to require any individual on disability to be evaluated by a doctor of their choice. It was suggested the Board specify Dr. Runnels for Arvil King, Dr. Tuft for Roy Skelton, and send Larry Mason to his attending physician. Reagan stated he had recently spoken with Larry Mason, and due to the severity of his condition, he doesn't believe it is necessary to put him through any further stress. City Manager Linebaugh responded that if Mason's disability is that obvious, then the Board also has the discretion to exempt him from this examination requirement. Reagan, seconded by Farrar, made Dr. Allen Tuft, Psychiatrist evaluation as per Section (c)(1) a motion to send Roy Skelton to in Rogers, for a psychiatric 24-11-819. Chief Mickey Jackson stated that not as Chief, but as a member of the Fire Department, he wanted to lobby the Board to vote against Reagan's motion. Jackson explained that he has a real fear that if • March 26, 1992 Skelton is determined not to be mentally disabled, he will take the option to return to work. Jackson explained his concern that the budget authorizes a specific number of positions in the department, and if Skelton opts to come back to work as the law would enable him to do, then the last fireman hired will have to be dismissed. Chief Jackson further stated that in the case of Larry Mason requiring an examination would be a waste of money as he has an incurable, permanently disabling disease. Jackson also stated that he feels confident that no physician will tell Arvil King that he can return to work at the fire department, but if this were to happen, the department would be required to make another position available. Reagan asked if it was necessary to include in the motion that Skelton's past medical records be provided to Dr. Tuft or possibly request the Skelton examination in writing to Dr. Tuft with an explanation of the circumstances. City Attorney Rose responded that this was not necessary and should be left up to Dr. Tuft to request Skelton's previous records if he so desires. City Manager Linebaugh called for a vote on the motion to send Roy • Skelton to Dr. Allen Tuft with further Board action to be taken upon receipt of Dr. Tuft's report. Upon roll call, the motion passed unanimously. Reagan, seconded by Farrar, made a motion to request that Arvil King be evaluated by his neurosurgeon, Dr. Vincent Runnels, asking for a report on King's back condition and whether he is able to return to duty. • Baird asked who would be paying for these examinations. Rose responded that the Board pays for these. Upon roll call, the motion passed unanimously. Reagan suggested they exempt Larry Mason from an evaluation of his condition due to the seriousness of his illness. Judy asked why if Larry Mason is retired, he is not receiving the 65% disability. Reagan responded that Mason's disability was not a line -of -duty disability. Reagan further explained the three types of retirement: normal retirement at 50%, disability retirement at 50%, and line -of -duty disability at 65%. City Attorney Rose stated that there are physical abnormalities on the list that are not considered job related, and Parkinson's disease is not normally included. • • • March 26, 1992 Baird asked for verification of whether Roy Skelton applied for disability initially or whether he retired and later claimed his disability. Linebaugh explained that he initially claimed disability. Baird questioned whether Roy Skelton would have the option to return to work since he has worked 20 years. City Manager Linebaugh responded that Skelton cannot be forced out simply due to his years of service. OTEER BUSINESS PENSION AFFIDAVIT City Clerk Sherry Thomas reported that Dwayne McChristian has not returned his pension affidavit, even though he had been requested to do so several times. She asked the Board for direction on this matter. Reagan responded that to his knowledge, McChristian's last known address was in Florida. Ms. Thomas stated that McChristian's checks have continued to be delivered to P.O. Box 1128, Siloam Springs and have not been returned; therefore, she assumes he has also received her letters requesting the return of the affidavit. She stated last year pension checks were held until the affidavits were returned. Reagan suggested that Thomas send one more letter, stating that his pension checks would be held pending receipt of the form. The Board agreed with this and authorized holding the pension check pending receipt of the affidavit. NEW BUSINESS INVESTMENT REPORTS In the absence of Richard Yada, there was no monthly report from Merrill Lynch for the Board to review. Reagan suggested that Merrill Lynch be sent a letter regarding their absence from this meeting as well as the February 27th Fire Pension Board meeting. Merrill Lynch set out in their proposal that they would attend the Board meetings, and they need to be reminded of that fact. He further requested that the letter be directed to Richard Yada, Curtis Williams, and Gib Weisbecker. • • • March 26, 1992 SPECIAL LEGISLATIVE SESSION Chief Jackson reported on a list of Bills from the Special Session that had been signed into law which included House Bill 1007 that clarifies firemen's pension benefits. He suggested the Board obtain a copy of the new laws so that their effect on the pension fund could be determined. ADJOURNMENT The meeting was adjourned at 11:34 a.m.